Urmila Devi Pal vs State of U.P.and Others

N.K. Mehrotra, J.—By means of this writ petition, the petitioner has challenged the transfer order dated 15.6.2005 passed by the opposite party No.2 so far as it relates to the petitioner.

Petitioner is working as Mukhya Sewika in district Barabanki. She has been transferred from Barabanki to Sultanpur. She was transferred from Badaun to Barabanki on 20.10.2001. The husband of the petitioner is posted in U.P. Civil Secretariat, Lucknow. She performs her duties in Barabanki after residing with her husband at Lucknow because Block Masauli, District Barabanki is at a short distance from Lucknow. The case of the petitioner is that according to the transfer policy, both the husband and wife as far as possible should be posted together. But the petitioner has been transferred from Barabanki to Sultanpur at a long distance without following the policy issued by the State Government.

Counter affidavit and rejoinder affidavit have been exchanged.

The case of the opposite parties in the counter affidavit is that the transfer policy dated 12.5.2005 provides that if possible the husband and wife shall be transferred to the same District but it is not mandatory. The opposite parties have also referred a Government Order dated 13.7.2000 through which the decision was taken that if it is compulsorily required, the Mukya Sewika may be transferred to the Home District (except home block) after taking due approval from the Government and since the home district of the petitioner is Lucknow where her husband is posted, the petitioner could not be transferred to Lucknow.

After seeing the averments made in the petition and the counter affidavit, it appears that the according to the Government policy, both husband and wife as for as possible should be posted together. In this case, the husband of the petitioner is posted in Civil Secretariat, Lucknow and the husband cannot be transferred out of Lucknow. It is also admitted in this case that Lucknow is home district of the petitioner but according to the policy of the State Government as contained in Govt. Order dated 13.7.2000 annexed to the counter affidavit, Mukya Sewika can be posted in the home district except the home block. There are several blocks in the district of Lucknow and there is no bar in the policy for the posting of the petitioner in any of the block of District Lucknow except the home block. Further if the petitioner is not being accommodated in District of Lucknow, then there is no bar to accommodate the petitioner in any of the block of the adjoining district as near as possible to Lucknow.

No doubt, the policies have no statutory force but it does not mean that the concerned authorities shall ignore the policies framed for the welfare of the employees arbitrarily and refuse to follow those policies without any valid reasons. In the counter affidavit, no such valid reason has been shown for not adjusting the petitioner in the block near to Lucknow or in any block in District Lucknow other than the home block.

The Court can interfere with the order of transfer under Article 226 of the Constitution of India if it is malafide. If the order is arbitrary, it is indicative of malafide on the part of the concerned authorities.

Therefore, the writ petition is disposed of finally, with the direction to the opposite party No.2 that if the petitioner makes any representation within a period of ten days for change of the place of posting in accordance with the Government Order indicated above, she will be accommodated in any of the block in the District of Lucknow except the home block or any block in adjoining District and till then no coercive measure shall be taken against the petitioner. It is also directed that during this period till the representation is decided, petitioner shall be allowed to work in Block Masauli and shall be paid salary also.

It is also directed that the decision on the representation shall be taken within a period of two weeks from the date the representation is submitted by the petitioner alongwith this order.

(Order accordingly)